C2004/4350, Transcript of Proceedings [2004] AIRCTrans 3240 (18 August 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 793

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

C2004/4350

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Barclay Mowlem Construction Ltd for an
order to stop or prevent industrial action
at the Thornlie Railway Station and Bridges
Project site

PERTH

2.05 PM, FRIDAY, 6 AUGUST 2004

Continued from 30.7.04

PN37

THE DEPUTY PRESIDENT: Yes. This is a matter I adjourned from last week and listed it for this afternoon so that all parties would be in a position to be properly prepared. Mr Coleman, can you proceed?

PN38

MR M.G. COLEMAN: If the Commission please, yes, it was adjourned last Friday. Since that time there has been no further industrial action of any sort at the site, Deputy President, and this afternoon we will be asking that the matter be withdrawn, the application be withdrawn. Before I do that I would seek just simply to put a chronology of events on the record that led us here in the first place. If I could - - -

PN39

THE DEPUTY PRESIDENT: Well, perhaps do you have any comment about that, Ms Scoble?

PN40

MS K. SCOBLE: Sir, we have an objection to the chronology going on the file, although I'm not quite sure what purpose it serves, giving that they're requesting the matter be withdrawn and dismissed.

PN41

THE DEPUTY PRESIDENT: Yes. Well, Mr Coleman, if you wish to ensure that anything goes on the file you can do so in writing and I will ensure that it gets placed on the file. As you are seeking for it to be withdrawn, I will dismiss the matter on that basis and an order will issue to that effect and dismiss it pursuant to the capacities I have available to me in section 111(1)(g). This matter is dismissed. Thank you.

PN42

MR COLEMAN: If the Commission please.

ADJOURNED INDEFINITELY [2.07pm]